United State Department of the Interior
BUREAU OF LAND MANAGEMENT
Oregon State Office
P.O. Box 2965
Portland, Oregon 97208
March 14, 2012
In Reply Refer to:
9672 (OR957) P
EMS TRANSMISSION 03/16/2012
Instruction Memorandum No. OR-2012-038
Expires: 9/30/2013
To:
All District/Field Offices and State Program Leads
Attn: Chief Cadastral Surveyor, Oregon
From:
State Director, Oregon/Washington
Subject:
Cadastral Survey Review and Boundary Risk Assessment for Significant Land
and Resource Transactions and Commercial Projects
Program Area: All Land and Resource Programs within the Bureau of Land Management
(BLM) Oregon/Washington (OR/WA) State Office.
Purpose: This instruction memorandum (IM) provides guidance and instruction on the
implementation of Washington Office IM WO No. 2011-122, Plan to Ensure Adequate
Cadastral Survey Review of Boundary Evidence Prior to the Approval of Significant Land and
Resource Transactions and Commercial Projects. It outlines the process to be used to ensure
boundaries of Federal lands are assessed prior to any land management action.
Policy/Action: This policy pertains to: (1) all land tenure transactions including disposal,
exchange, withdrawal, designations, and acquisitions and (2) all commercial projects that have a
value in excess of $10,000 and/or are located within ¼ mile of a Federal boundary line, within a
protraction diagram, or against a body of water. Prior to the approval or initiation of projects
which meet the criteria above, the Authorizing Official (AO) must request that the BLM OR/WA
Chief Cadastral Surveyor perform a boundary risk assessment.
Many questions have been asked regarding the methods for determining if a project meets the
criteria outlined in (2) above. Answers to many of these questions can be found by visiting the
Frequently Asked Questions portion of the WO350 Cadastral Survey Review of Boundary
Evidence webpage. The February 2, 2012, M Street Live Broadcast “Management of Land
Boundaries” provides more information and answers additional questions from the field offices.
To view a copy of this presentation, please contact Kyle Hensley, Cadastral Survey Section 1, at
503-808-6132.
2
Questions posed specifically by our OR/WA Associate District Managers (ADMs) include:
What constitutes “against a body of water”?
For the purpose of this memorandum, a body of water includes the ocean, a navigable stream
or lake, and any water body which was meandered in an official cadastral survey. If your
project is bounded by this type of body of water, it meets the requirements of this directive.
Are we expected to pull back ¼ mile from a boundary to accomplish our project?
No. The purpose of this directive is not to adjust the boundaries of your project. It is to
ensure that there is adequate evidence of the boundary to support the stated purpose for the
project. (The evaluation of survey evidence and “backing off the line” is further addressed in
WO-IM-2005-211.1)
Significant land and resource transactions (timber management, sales of resources, leases,
etc.) and commercial projects (rights-of-way, transmission corridors, extraction of valuable
minerals, capital improvements, etc.) have different levels of risk. Does every action need to
be evaluated?
The value of transactions and projects will be estimated by the AO, including the level or risk
based on the type of activity or stated purpose. The AO is in charge and ultimately
responsible for the outcome of the project.
Process Overview: If the project meets the criteria above, the AO will complete a Land
Description Review (LDR) Worksheet (Attachment 1) and submit it to the Chief Cadastral
Surveyor for completion of the boundary risk assessment. The AO is encouraged to contact the
assigned Cadastral Coordinator2 to assist with the completion of the worksheet. Timber projects
in western Oregon districts3 are to be coordinated directly with the Lead Cadastral Surveyor for
the District.
The Chief Cadastral Surveyor will complete the boundary risk assessment and respond to the AO
with the completed Land Description Review Certificate (Attachment 2). If the land description
has potential problems and should not be used as written for the stated purpose, a meeting will be
requested to discuss the specific findings of the review. The LDR Certificate becomes part of
the transaction’s or project’s administrative record.
The AO will take the results of the certificate under advisement and determine the course of action. Deviation from the Chief Cadastral Surveyor’s recommendation should be documented in the administrative record. Timeframe: This policy is effective immediately.
WO-IM-2005-211. “Consultation with the Cadastral Survey program will ensure existing boundary survey records are evaluated and an
appropriate method for identifying the boundary is selected. Circumvention of this policy by “backing off the line” (offsetting from a theoretical
position of the boundary line) is hereby prohibited.”
2
Each District Office has an assigned Cadastral Survey Coordinator and a District Liaison for Cadastral issues. A full list of these assignments can be found on the Branch of Geographic Science SharePoint site.
3
An informal process for land description review has been used in Western Oregon for many years. Compliance with WO-IM-2011-122 will be
accomplished through an LDR Short Form process. 1
3
Budget Impact: The benefitting program, commercial entity, or land owner will bear the costs
as determined in accordance with cost recovery regulations. It is anticipated that there will be
a slight increase in cost at the planning stage which will be more than offset with savings
realized by mitigating risk.
Background: The Office of Inspector General’s Final Audit Report, Department of the
Interior’s Management of Land Boundaries (2010)4 recommended the implementation of proper
risk management procedures to reduce the number of transactions on lands where high-value
resources have unreliable boundary evidence.
The size and location of a parcel of land is determined by its physical boundaries, and, generally,
a written legal description identifying the physical boundary is required. A boundary risk
assessment seeks to ensure that the written description is free of error, conflict, or ambiguity and
can withstand legal challenge.
Manual/Handbook Sections Affected: None.
Coordination: The Oregon State Office coordinated this guidance with the Branch of Land,
Mineral, and Energy Resources and provided a review and comment opportunity to the Associate
District Managers.
Contact: For policy questions, contact Mary Hartel, Chief Branch of Geographic Sciences, at
503-808-6132. For technical program questions, contact Kyle Hensley, Cadastral Survey
Section 1, at 503-808-6124.
Districts with Unions are reminded to notify their unions of this IM and satisfy any bargaining
obligations before implementation. Your servicing Human Resources Office or Labor Relations
Specialist can provide you with assistance in this matter.
Signed by
Michael S. Mottice
Associate State Director
Authenticated by
Paj Shua Cha
Records Section
2 Attachments
1 - Oregon State Office, Land Description Review Worksheet (2 pp)
2 - Oregon State Office, Land Description Review Certificate (2 pp)
Distribution
WO350
4
Audit No. C-IN-MOA-0001-2009, dated July 16, 2010
To:
Branch of Geographic Sciences (OR957), Cadastral Survey
Attention: Chief Cadastral Surveyor
From:
[Field Office/Entity]
Subject:
Request for Boundary Risk Assessment
BLM LAND AREA CODE
TOWNSHIP, RANGE, SECTION,
QUARTER-QUARTER SECTION,
MERIDIAN, AND STATE
PURPOSE
Please review the land description(s) in the attached document(s) for the purpose identified
above, prepare a Land Description Review Certificate, and return them for filing in the official
case file/project folder (as applicable). The specific purpose for the LDR is:
In addition, report upon (check line(s) and within the parentheses, circle the service(s)):
Condition of corner monuments based upon (existing knowledge or office investigation or field investigation).
Condition of boundary line marking based upon (existing knowledge or office investigation or field investigation).
Practicability of the boundaries for compliance with the stated purpose based upon (existing knowledge or office investigation or field investigation).
Condition of Geographic Coordinate Data Base (GCDB).
Acres determined from GLO/BLM records.
Acres determined by other means.
Other:
Attached are the following documents (please provide a list of all documents):
Draft Grant Deed or Patent
Title Report
Assessor Parcel Map
Private or Government Survey Plat
Vesting Deed
Draft Federal Register Notice
Master Title Plat
This worksheet is to be retained in the Cadastral Survey office with a copy in the official case file.
Attachment 1 -1
Land Description Review Worksheet
United States Department of the Interior – Bureau of Land Management – Oregon State Office
[Field Office/Entity]
[Project Location/Name]
The LDR Certificate is needed by: ________________________________________________
Cost Center Charge Code: _______________________________________________________
Authorizing Official:
Name
Title and Contact Information
Date
Print name:
Signature:
Date Received By Cadastral Survey: ______________
Received By:
__________________
Attachments:
This worksheet is to be retained in the Cadastral Survey office with a copy in the official case file.
Attachment 1 - 2
To:
[Field Office/Entity]
Attention:
From:
Branch of Geographic Sciences (OR957), Cadastral Survey
Subject:
Land Description Review (LDR) Certificate
BLM LAND AREA CODE
TOWNSHIP, RANGE, SECTION,
QUARTER-QUARTER SECTION,
MERIDIAN, AND STATE
PURPOSE
By LDR Worksheet received by this office on [date from worksheet], the land description(s) as
stated in the attached document(s) for the above referenced action has been reviewed. The
following determination has been made:
(Check one!)
The land description is acceptable as written and presented for the stated purpose, see
comments below.
The land description has potential problems as noted below; however, the risk appears minor
and the action within the stated purpose should not be affected.
The land description has potential problems and should not be used as written for the stated
purpose. The errors and/or concerns as noted below need to be corrected/addressed before this
description should be used.
Sufficiency of the land description for the stated purpose:
Comments/Concerns/Corrections:
Condition of corner monuments:
Condition of boundary line marking:
Condition of Geographic Coordinate Data Base (GCDB):
This certificate is to be retained in the official case file with a copy in the Cadastral Survey office.
Attachment 2-1
Land Description Review Certificate
United States Department of the Interior – Bureau of Land Management – Oregon State Office
[Field Office/Entity]
[Project Location/Name]
I certify that the parcel described on the attached conveyance document contains the following
acreage(s):
acres determined from GLO/BLM official records.
acres determined by _________________________________________________.
Certification: This Land Description Review correctly represents the records and documents
compiled by me or under my direct supervision in conformance with the requirements of the
Bureau of Land Management Standards for BLM Administered Lands Boundary Evidence of the
parcel(s) of land identified above.
Name (Cadastral Surveyor or
Certified Federal Surveyor)
Title and Contact Information
Date
Signature:
Print Name:
Certification: This Land Description Review correctly represents the records and documents
compiled under my direction and control and in conformance with the requirements of the
Bureau of Land Management Standards for BLM Administered Lands Boundary Evidence, of the
parcel(s) of land identified above.
Name( Chief Cadastral Surveyor)
Contact Information
Date
Signature:
Print Name:
Attachments:
This certificate is to be retained in the official case file with a copy in the Cadastral Survey office.
Attachment 2-2